The same debt of husband and wife refers to the loan agreed by both husband and wife for the daily needs of the family or the debt owed by one party. Therefore, the vehicle purchased by the marital loan is used for the same life, which should be counted as the same debt of the husband and wife and paid by both parties.

According to the provisions of Article 1064 of the Civil Code, the following circumstances shall be deemed as joint debts of husband and wife:

1. A debt with the same meaning signed by both husband and wife or ratified by one of them afterwards belongs to the same debt of husband and wife.

Generally speaking, husband and wife * * * have the same meaning: both husband and wife sign loan contracts, IOUs and other creditor's rights certificates, or one of the husband and wife confirms the husband and wife's debts by telephone, SMS, WeChat and email afterwards.

2. The debts incurred by one spouse in his own name for the daily life of the family during the existence of the marriage relationship belong to the same debts of the husband and wife.

"Daily family needs" refers to the necessary expenses of husband and wife and their minor children living together in daily life, including normal food, clothing, housing, daily necessities, medical care, children's education, support for the elderly, legitimate entertainment and cultural consumption, etc. The amount and use should be in line with "daily" and "reasonable". Debts arising from the daily needs of the family, as long as they are owed in the name of one spouse and not signed by the other spouse, are joint debts of husband and wife.

3. The debts incurred by one spouse in his own name during the marriage relationship that exceed the daily needs of the family do not belong to the same debts of the husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.

"Husband and wife live together" refers to: First, the purchase of housing, vehicles, decoration, leisure travel, investment and other large expenditures; Second, the expenses paid by one spouse for participating in education and training and receiving major medical services; Third, the expenses paid by husband and wife for raising minor children, such as going abroad, private education, medical care, children's marriage sponsorship, and the expenses paid for fulfilling their maintenance obligations.

"* * with production and operation" means that production and operation activities are husband and wife * * * with decision-making, * * * with investment, division of labor and cooperation, * * * with management, etc. Also, if the operating income is the main income of the family or used for the common life of the husband and wife, the debts involved should also be recognized as husband and wife debts.

legal ground

Article 1064 of the Civil Code

The debts incurred by both husband and wife after the same signature or ratification by one party, and the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, belong to the same debt of husband and wife.

Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.